K Arjun Singh And Others vs Gm Modular Pvt. Ltd
2025 Latest Caselaw 4719 Del

Delhi High Court

K Arjun Singh And Others vs Gm Modular Pvt. Ltd on 11 September, 2025

Author: C. Hari Shankar

Bench: C. Hari Shankar

                 $~45
                 *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                 +        FAO (COMM) 262/2025, CM APPLs.                               57240/2025,
                          57241/2025, 57242/2025 & 57243/2025

                          K ARJUN SINGH AND OTHERS                                   .....Appellants
                                                   Through: Mr. Kunal Khanna, Mr.
                                                   Madhav Anand, Mr. Krtin Bhasin, Mr.
                                                   Yashveer Singh, Mr. Udit Sharma and Mr.
                                                   Kaulik Mitra, Advs.

                                                   versus

                          GM MODULAR PVT. LTD.                                       .....Respondent
                                      Through:                      Mr. S.K. Bansal, Adv.

                          CORAM:
                          HON'BLE MR. JUSTICE C. HARI SHANKAR
                          HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
                                                   ORDER (ORAL)

                 %                                    11.09.2025

                 C. HARI SHANKAR, J.

1. We find from a reading of the impugned ad interim order that it has injuncted registered trademarks of the appellant after returning a finding of infringement which, according to our decision in Vaidya Rishi India Health Pvt v Suresh Dutt Parashar1 read with the judgment of the Supreme Court in S. Syed Mohideen v P. Sulochana Bai2 is ex facie impermissible.

2. Insofar as the aspect of passing off is concerned, there is no

1 Judgment dated 7 August 2025 in FAO (COMM) 122/2024 2 (2016) 2 SCC 683

categorical finding of goodwill.

3. Given this position, Mr. Bansal, learned Counsel for the respondent is agreeable to the impugned order being set aside with a direction to the learned Commercial Court to decide the application under Order XXXIX Rules 1 and 2 of the CPC of the respondent finally, uninfluenced by any observation contained in the impugned order.

4. We order accordingly.

5. We are informed that the interim application of the respondent is now listed before the learned Commercial Court on 26 November 2025.

6. In view of the fair stand adopted by Mr. Bansal, we deem it appropriate to advance the hearing of the Order XXXIX Rules 1 and 2 application to 10 October 2025.

7. Both sides are directed to place on record short notes of their respective submissions not exceeding four pages each after exchanging copies with each other at least a week in advance of the next date of hearing on the file of the learned Commercial Court.

8. The learned Commercial Court would proceed to decide the Order XXXIX Rules 1 and 2 application uninfluenced by any observation contained in the impugned order.

9. The appeal is allowed to the aforesaid extent.

10. All issues of fact and law shall be remained open to be argued before the learned Commercial Court.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

SEPTEMBER 11, 2025/aky